901:5-53-02 Safety of migrant pesticide applicators.

(A) The following requirements shall be complied with for the safety of migrant pesticide applicators working with pesticides as mixers, loaders, flaggers, ground or aerial applicators.

(1) No employer shall permit any migrant pesticide applicator under eighteen years of age to mix or load a pesticide displaying the signal words “DANGER – POISON” without close supervision by a certified pesticide applicator.

(2) Each employer shall provide to each migrant pesticide applicator working with any pesticide adequate instruction, training and supervision so that the migrant pesticide applicator understands the safety procedures required for the pesticides that he will work with, except as provided below.

(a) This instruction and training for the jobs shall be completed within thirty days after the migrant pesticide applicator is assigned to mix, load, flag or apply pesticides other than those which display the signal words “DANGER – POISON.” Any migrant pesticide applicator assigned to handle a pesticide displaying the signal words “DANGER – POISON” shall be given this training before handling such pesticides. This training shall include the safety procedures to be followed, the safety clothing and equipment to be worn, the common symptoms of pesticide poisoning, the dangers of eating, drinking, or smoking while handling pesticides, and where to obtain emergency medical treatment.

(b) At the completion of training, the employer shall record the date and extent of training given to the migrant pesticide applicator and the job to be assigned. This information shall be verified by the migrant pesticide applicator’s signature or signed initials and be available for examination by the director;

(c) Until training is completed, close supervision consisting of personal observation of each migrant pesticide applicator’s work practice by the employer is required at least every three hours at night and at least every four hours during the day. Paragraph (A) above may be omitted by an employer if a migrant pesticide applicator presents written evidence of pertinent prior training, such as an appropriate license, certificate, or a letter from a previous employer documenting previous training and satisfactory job performance.

(B) For any migrant pesticide applicator whose exposure period exceeds forty hours in any fourteen-day period where any pesticide containing an organophosphate or a carbamate is being used, the employer shall arrange for medical monitoring. Medical monitoring shall include monitoring of each exposed migrant pesticide applicator by means of red cell and plasma cholinesterase determinations to be made on each migrant pesticide applicator as often as recommended by “The College of American Pathology.” Such monitoring results shall be read and interpreted by qualified persons or organizations.

(1) The employer shall have written evidence that such monitoring services are available and shall identify the location where such services are to be provided. All cholinesterase test results and recommendations applicable to this medical monitoring shall be maintained for three years and shall be available for inspection by the director, county health official, or state health official, upon execution of a written release by the migrant pesticide applicator.

(2) The employer shall follow the recommendations of the attending physician concerning matters of occupational health. When, in the attending physician’s opinion, continued exposure to pesticides is likely to injure a migrant pesticide applicator’s health, such migrant pesticide applicator shall be removed from exposure until the attending physician authorizes his return. The attending physician may also limit the exposure period of any migrant pesticide applicator to pesticides when cholinesterase test results and/or poisoning incidents indicate such limitations are necessary to protect the health of a migrant pesticide applicator. If the employer questions the attending physician’s determinations, the employer shall have the option to request a second opinion at his expense. If the recommendations are in conflict the migrant pesticide applicator will be excluded from exposure until an occupational safety and health administration representative can act on the recommendations.

(3) The employer shall post the name, address, and telephone number of monitoring facilities in a prominent place at the locale where the migrant pesticide applicator usually starts the workday or in the application vehicle if there is no locale where the migrant pesticide applicator usually starts the workday.

(1) A migrant pesticide applicator may work alone with a pesticide which displays the signal words “DANGER – POISON” during daylight hours only when personal radio or telephone contact is made to a responsible adult at intervals not exceeding three hours.

(2) A migrant pesticide applicator may work alone with a pesticide which displays the signal words “DANGER – POISON” during nighttime hours only when personal radio or telephone contact is made to a responsible adult at intervals not exceeding two hours.

(3) A pilot, mixer-loader, and/or flagger team shall be considered as working together. In the case of two ground applicators working in the same field, no additional person is necessary if they can see each other’s application vehicles.

(D) For any migrant pesticide applicator whose exposure period exceeds forty hours in a fourteen-day period with pesticides which display the signal words “DANGER – POISON” or “WARNING,” employers shall provide at the loading site or at the place where migrant pesticide applicators complete their workday, an area where migrant pesticide applicators may change clothes and wash themselves. Clean towels, soap, and adequate water shall be available to allow for thorough washing. Employers or direct field supervisors shall order their migrant pesticide applicators to change into their work clothing and protective equipment at the start of the day’s exposure period, and to remove such clothing and equipment and to wash themselves at the end of each day’s exposure period. The employer shall provide a clean, sanitary place where migrant pesticide applicators may store any personal clothing not in use while they are at work handling pesticides. The employer or direct supervisor shall order migrant pesticide applicators not to take home contaminated clothing or equipment.

(E) Clean water, soap, and paper towels for routine washing of hands and face, and for emergency washing of the entire body, shall be available for all migrant pesticide applicators at the work site where they mix or load pesticides. A minimum of ten gallons of water shall be present at the beginning of each workday for one migrant pesticide applicator and a minimum of twenty gallons for two or more migrant pesticide applicators. This water shall be stored separate from that used for mixing with pesticides unless the tank holding water for mixing with pesticides is equipped with appropriate valves to prevent back flow of pesticides into the water. Any other easily available supply of clean water within one hundred feet of the mixing and loading site is satisfactory for the purposes of this paragraph.

(F) Each employer shall provide clean outer clothing such as coveralls, daily for each migrant pesticide applicator who works as a mixer, loader, flagger, or applicator with any pesticide and shall provide for its cleaning after any day when the migrant pesticide applicator handles such pesticides. The person or firm doing the laundry shall be informed by the employer or the direct field supervisor that if they receive pesticide-contaminated clothing, such clothing shall not be mixed with non-contaminated clothing.

(G) The employer shall provide respirators, goggles and waterproof gloves for each migrant pesticide applicator who works as a mixer, loader, flagger or applicator and provide for cleaning when necessary. The employer or the direct field supervisor shall require that any respirator filler pads and cartridges be changed in a manner with the frequency recommended by the manufacturer. The employer or the direct field supervisor shall require that all personal protective equipment be maintained and kept in a clean, specially designated place or locker when not in use. This clothing and equipment shall remain in the place or locker when not in use. This clothing and equipment shall remain the property of the employer.

(H) Based upon the safety procedures specified in the pesticide labeling, the employer or the direct field supervisor shall advise the migrant pesticide applicator of the protective clothing and equipment he is to use and the safety procedures he is to follow according to the use and the safety procedures he is to follow according to the label requirements and hazards of the job or jobs he will perform. The employer or the direct field supervisor shall order that these provisions are followed.

(I) Whenever natural light in mixing/loading area is not adequate to allow an employee to read the label and work in a safe manner, artificial light shall be provided in such areas which is sufficient to perform these activities.

HISTORY: Eff 6-25-85

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 901.16(B)(6)

Rule amplifies: RC 921.16(B)(6)

119.032 Review Date: 4-21-00; 4-21-05